Home TeleconferencesDetails - Teleconference: Preference Defense Toolkit

The National Association of Credit Management: Teleconferences

Event

When:: 06/10/2013
Category:: NACM Teleconference

Description

defending preference claims

Preference Defense Toolkit

Description

Trade creditors need to be on the lookout for preference risk and be prepared to defend a preference action. This comprehensive program focuses on defending preference claims and the checklist that credit professionals should follow to eliminate, or at least reduce, exposure on these dastardly claims. That includes a discussion of the following hot preference issues:

What are the elements of a preference claim that a trustee must prove?
Whether applied credits received within the 90 day period before bankruptcy are preferences;
How to prove the new value defense to preference claims?
Whether the new value defense includes paid for new value?
Whether the beneficiary of a critical vendor order loses the benefit of the new value defense?
Whether the new value defense includes Section 503b9 "20 day goods" priority invoices?
Whether preference claims are a defense to Section 503b9 priority claims and other administrative priority claims?
How to prove the ordinary course of business defense?
Recent court decisions addressing the ordinary course of business defense?.
The impact of being a letter of credit beneficiary on preference exposure
Defenses that mechanics lien holders can raise to eliminate preference exposure.
Defenses to preference claims that can be asserted by creditors whose contracts are assumed and assigned during the bankruptcy.
The small preference defense and whether there is a venue limit that applies to small preference claims?
Risks of doing business with debtors that have not obtained court approved financing/use of cash collateral arrangements.
Preference claims and defenses in state insolvency (assignment for the benefit of creditors or receivership) proceedings.

The audience is encouraged to ask questions and share their preference experiences.

NACM Teleconferences are easy, so convenient and so worth it! Reserve your spot now!

General Information
Time: 3:00 - 4:30 pm EST Added Advantage
Cost: $119.95 per line

Handouts | Evaluation

Presenters

Bruce Nathan, Esq. is a partner of Lowenstein Sandler LLP in the firm’s bankruptcy, financial reorganization and creditors’ rights group. Bruce has more than thirty years’ experience in the bankruptcy, restructuring and insolvency field and is a recognized national expert on trade creditor rights and the representation of trade creditors in bankruptcy, insolvency and other legal matters.. He has represented trade and other unsecured creditors, unsecured creditors’ committees, secured creditors and other interested parties in many of the larger Chapter 11 cases that have been filed, and is currently representing the liquidating trustee and previously represented the creditors' committee in the Borders chapter 11 case. Bruce is co-chair of the Avoiding Powers Committee that is working with the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 and also participated in ABI's Great Debates at their 2010 Annual Spring Meeting, arguing against repeal of the special BAPCPA protections for goods providers and commercial lessors, and was a panelist for a session sponsored by the ABI and co-sponsored by Georgetown University Law Center. He is also a member of ABI’s Board of Directors and is a former Co-Chair of ABI’s Unsecured Trade Creditor Committee. He is also the author of ABI’s Trade Creditor Remedies Manual: Trade Creditor Rights under the UCC and Bankruptcy Code and contributes to ABI Journal’s Last in Line Column. Bruce is also a member of NACM’s Government Affairs Committee, is a regular contributor to NACM's Business Credit, is a contributing editor of NACM’s Manual of Credit and Commercial Laws, and has co-authored The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: an Overhaul of U.S. Bankruptcy Law, published by NACM. He also spoke at the 4^th China International Credit and Risk Management Conference on the People’s Republic of China’s 2006 Law on Enterprise Bankruptcy. In 2011, Bruce received the Top Hat award, a prestigious award honoring professionals in the credit industry. He received his BA from the University of Rochester, his JD from the University of Pennsylvania Law School and his MBA from the Wharton School of Finance and Business.